The URL can be used to link to this page

Home My WebLink About12.04.25 - CBOA Agenda Package Construction Board of Appeals AGENDA Thursday, December 4, 2025, 1:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo The Construction Board of Appeals holds in-person meetings. Zoom participation will not be supported. Attendees of City Council or Advisory Body meetings are eligible to receive one hour of complimentary parking; restrictions apply, visit Parking for Public Meetings for more details. INSTRUCTIONS FOR PUBLIC COMMENT: Public Comment prior to the meeting (must be received 3 hours in advance of the meeting): Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401. Email - Submit Public Comments via email to advisorybodies@slocity.org. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting. Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. All voicemails will be forwarded to the members and saved as Agenda Correspondence. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to members, however, submissions received after the deadline may not be processed until the following day. Public Comment during the meeting: Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location. Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at cityclerk@slocity.org or (805) 781-7114. Pages 1.CALL TO ORDER Chair Dilworth will call the Regular Meeting of the Construction Board of Appeals to order. 2.PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA The public is encouraged to submit comments on any subject within the jurisdiction of the Construction board of Appeals that does not appear on this agenda. Although the Board will not take action on items presented during the Public Comment Period, the Chair may direct staff to place an item on a future agenda for discussion. 3.CONSENT Matters appearing on the Consent Calendar are expected to be non- controversial and will be acted upon at one time. A member of the public may request the Administrative Review Board to pull an item for discussion. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. Recommendation: To approve Consent Item 3.a. 3.a CONSIDERATION OF MINUTES - 5/5/25 CONSTRUCTION BOARD OF APPEALS MINUTES 5 Consideration of the Construction Board of Appeals Minutes of May 5th, 2025. Recommendation: Approve the Construction Board of Appeals Minutes of May 5th, 2025. 4.PRESENTATIONS 4.a PRESENTATION ON UPDATED CALIFORNIA BUILDING STANDARDS CODE AND NEW WILDLAND URBAN INTERFACE (WUI) CODE 11 Recommendation: Receive a presentation from Community Development, Administration, and Fire Department staff on the updated California Building Standards Code including a discussion on the new Wildland Urban Interface (WUI) Code. 5.COMMENT AND DISCUSSION 5.a STAFF UPDATE 6.ADJOURNMENT The next Regular Meeting of the Construction Board of Appeals will be held on an as needed basis. The public will be notified at least 72 hours in advance of the meeting. LISTENING ASSISTIVE DEVICES are available -- see the Clerk The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. Agenda related writings or documents provided to the Construction Board of Appeals are available for public inspection on the City’s website: https://www.slocity.org/government/mayor-and-city-council/agendas-and- minutes. Meeting video recordings can be found on the City’s website: https://opengov.slocity.org/WebLink/Browse.aspx?id=60969&dbid=0&repo=City Clerk Page 4 of 12 1 Construction Board of Appeals Minutes May 5, 2025, 1:00 p.m. Council Chambers, 990 Palm Street, San Luis Obispo CBOA Members Present: Member Aisling Burke, Member Amando Garza, Member Denise Martinez (left meeting at 1:18 PM), Member Craig Smith, Vice Chair Gresham Eckrich, Chair Niel Dilworth CBOA Members Absent: Member Christopher Wiedeman City Staff Present: Chief Building Official Michael Loew, City Clerk Teresa Purrington _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the San Luis Obispo Construction Board of Appeals was called to order on May 5, 2025, at 1:00 p.m. in the City Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Chair Dilworth. 2. OATH OF OFFICE City Clerk Teresa Purrington administered the Oath of Office to newly appointed Commissioners Aisling Burke, Denise Martinez, and Craig Smith. 3. ELECTION OF CHAIR AND VICE CHAIR Motion By Vice Chair Eckrich Second By Member Smith To appoint Niel Dilworth as Chair of the Construction Board of Appeals. Ayes (6): Member Burke, Member Garza, Member Martinez, Member Smith, Vice Chair Eckrich, and Chair Dilworth Absent (1): Member Wiedeman CARRIED (6 to 0) Page 5 of 12 2 Motion By Chair Dilworth Second By Member Garza To appoint Gresham Eckrich as Vice Chair for the Construction Board of Appeals. Ayes (6): Member Burke, Member Garza, Member Martinez, Member Smith, Vice Chair Eckrich, and Chair Dilworth Absent (1): Member Wiedeman CARRIED (6 to 0) 4. PRESENTATION / INTRODUCTION 4.a ROLE OF THE CONSTRUCTION BOARD OF APPEAL Assistant City Attorney Amberg provided a brief presentation regarding roles and responsibilities of the Board. Public Comment: None --End of Public Comment-- 4.b INTRODUCTION OF FIRE MARSHAL Fire Chief Todd Tuggle introduced the City's new Fire Marshal, Josh Daniel. 5. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA Public Comment: None --End of Public Comment-- 6. CONSENT Motion By Vice Chair Eckrich Second By Member Smith To approve Consent Items as presented. Ayes (6): Member Burke, Member Garza, Member Martinez, Member Smith, Vice Chair Eckrich, and Chair Dilworth Absent (1): Member Wiedeman CARRIED (6 to 0) Page 6 of 12 3 6.a CONSIDERATION OF 2025 CBOA CALENDAR AND RULES 6.b CONSIDERATION OF MINUTES - 2/22/2024 CONSTRUCTION BOARD OF APPEALS MINUTES 6.c CONSIDERATION OF MINUTES - 4/25/2024 CONSTRUCTION BOARD OF APPEALS MINUTES 7. PUBLIC HEARING 7.a “NOTICE AND ORDER” FOR 1150 LAUREL LANE Member Martinez declared a conflict on this item as her residence is within 300 feet of this property. She left the meeting at 1:18 PM Board Members Burke, and Garza and Vice Chair Eckrich indicated they had no ex-parte communications. Board Member Smith indicated he had the following ex-parte communications: a phone call with Chuck Brett and he knows Pat Smith. Chair Dilworth indicated he had the following ex- parte communications: a meeting with Chief Building Official Michael Loew and Assistant City Attorney Mark Amberg regarding procedures for the hearing. Community Development Director Timmi Tway and Deputy Director/Chief Building Official Michael Loew presented the staff report and responded to Board inquiries. Tom Jess, Applicant's Representative, provided a presentation and responded to Board questions. Chair Dilworth opened Public Comment Public Comment: Kathy Borland CJ Horstman Andrew Isaacs Joe Priola Jackie Loew --End of Public Comment-- Motion By Vice Chair Eckrich Second By Member Smith To uphold the Finding 1: Unsafe Structure: IPMC 111.1.1 - An unsafe structure is one that is dangerous to life, health, property aor safety. Page 7 of 12 4 Ayes (5): Member Burke, Member Garza, Member Smith, Member Wiedeman, and Chair Dilworth Recused (1): Member Martinez Absent (1): Vice Chair Eckrich CARRIED (5 to 0) Motion By Member Smith Second By Chair Dilworth To uphold Item 2: Structure Unfit for Human Occupancy: IPMC 111.1.3 - A structure is unfit for human occupancy when it is unsafe, unsanitary, or open to the elements. Ayes (5): Member Burke, Member Garza, Member Smith, Vice Chair Eckrich, and Chair Dilworth Recused (1): Member Martinez Absent (1): Member Wiedeman CARRIED (5 to 0) Motion By Vice Chair Eckrich Second By Member Burke To uphold Item 3: Unlawful Structure: IPMC 111.1.4 - A structure is unlawful when occupied contrary to law or where required permits have expired without completion. Ayes (5): Member Burke, Member Garza, Member Smith, Vice Chair Eckrich, and Chair Dilworth Recused (1): Member Martinez Absent (1): Member Wiedeman CARRIED (5 to 0) Motion By Member Smith Second By Vice Chair Eckrich To uphold Item 4: Dangerous Building: IPMC 111.1.5 - A dangerous structure is on with defects or conditions considered as dangerous by the code. Page 8 of 12 5 Ayes (5): Member Burke, Member Garza, Member Smith, Vice Chair Eckrich, and Chair Dilworth Recused (1): Member Martinez Absent (1): Member Wiedeman CARRIED (5 to 0) Chair Dilworth call a recess at 3:25 PM. The meeting was reconvened at 4:25 PM Assistant City Attorney Amberg provided a brief overview of the revisions made to the draft Resolution.(See attached highlight and strikethrough.) Motion By Member Smith Second By Vice Chair Eckrich Adopt Resolution No. CBOA-01-25 entitled “A Resolution of the Construction Board of Appeals of the City of San Luis Obispo, California, denying the Appeal of Patrick Smith, on behalf of Laurel Creek, LP, and upholding the Notice & Order, Determinations, and Findings to support declaring the building at 1150 Laurel Lane a dangerous building” upholding the Notice and Order dated March 10, 2025, requiring vacation of certain units and securing them against entry because the building is unsafe, unlawful, unfit for human occupancy and declared dangerous as amended at the meeting. (See Attached) Ayes (5): Member Burke, Member Garza, Member Smith, Vice Chair Eckrich, and Chair Dilworth Recused (1): Member Martinez Absent (1): Member Wiedeman CARRIED (5 to 0) 8. ADJOURNMENT The meeting was adjourned at 4:45 p.m. The next Regular Meeting of the Construction Board of Appeals meeting is scheduled for July 24, 2025 at 1:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. APPROVED BY CONSTRUCTION BOARD OF APPEALS: XX/XX/202X Page 9 of 12 Page 10 of 12 Item 4a Construction Board of Appeals Agenda Report For Agenda of: December 4, 2025 Item Number: 4a FROM: Timmi Tway, Director of Community Development SUBJECT: PRESENTATION ON CALIFORNIA BUILDING CODE UPDATE, LOCAL AMENDMENTS, AND WILDLAND URBAN INTERFACE (WUI) CODE RECOMMENDATION Receive a presentation from Community Development, Administration, and Fire Department staff on the updated California Building Standards Code including a discussion on the new Wildland Urban Interface (WUI) Code. Policy Context Updated building codes ensure the safety of the built environment. This is mandated by State law and adoption and implementation of the codes is supported by goals and policies in the City’s Housing Element and Safety Element. DISCUSSION The City is required to periodically adopt and enforce the updated California Building Standards Code to ensure safety of the built environment. This year, the State released the first edition of the California Wildland-Urban Interface (“WUI”) Code. The WUI Code contains home-hardening building standards previously found in Chapter 7A of the Building Code, water supply and fire access standards for developments, defensible space requirements, and other provisions addressing fire spread. On October 7, 2025, City staff presented the WUI Code to Council and the community at a study session. There was extensive discussion at this study session, and staff received direction from the City Council to return at a future City Council meet ing for the first reading of an ordinance to facilitate the adoption of the updated California Building Standards Code along with the adoption of the WUI code “as is,” with technical clarifications that 1) the requirements of Chapter 6 (defensible space) o nly apply in the Very High Fire Hazard Severity Zone (VHFHSZ), and 2) that violations of the WUI Code may be enforced administratively by City staff. Extensive information about what the WUI Code adoption means for property owners and applicants for development projects in the City can be found in the study session staff report referenced above. Page 11 of 12 Item 4a On November 18, 2025, City staff returned to the City Council at a public hearing recommending introduction of two ordinances: one to adopt by reference the latest e dition of the California Building Standards Code which includes the newly -issued Wildland- Urban Interface Code and a second to make substantive local amendments to the Energy Code, which is also part of the Building Standards Code. The local amendments to the Energy Code are intended to continue the City’s progress towards its climate action goals by carrying forward the existing “Energy Efficient Alterations” program, which includes a requirement for major additions and alterations in certain single-family homes to include cost-effective energy efficiency upgrades in the existing building. The local amendments include updated compliance thresholds (moving from a square footage metric to a project valuation metric), and a simpler standard for requiring electric-readiness measures This staff report describes the content of the two ordinances, as well as the existing policies governing local amendments to these codes. At the December 4, 2025 CBOA meeting, staff from several departments in the City will present a summary of the October 7 and November 18 City Council reports including relevant information from the building code updates with a focus on the changes that will result from the adoption of the new WUI code, as well as the minor local amendments that are being proposed (as highlighted in the November 18, 2025 City Council staff report). NEXT STEPS This is being provided to the Construction Board of Appeals as an informational item. The updated California Building Standards Code will go into effect on January 1, 2026. There are a number of future actions that the City will take to success fully implement the new code, especially the provisions of the WUI code. These next steps are highlighted in the City Council Staff Agenda Reports linked above and include several future City Council study sessions as well as actions that will be taken to continue to educate the community on the new provisions of the WUI code. Page 12 of 12